Oklahoma House Bill 3971, introduced on February 21, 2024, aims to regulate the sale and distribution of vapor products in the state. The bill establishes a directory maintained by the Attorney General, which will list approved vapor products. Retailers and wholesalers are prohibited from selling or distributing any vapor products not included in this directory, with a compliance deadline set for October 1, 2023, or the date the directory is made public.

Key provisions of the bill require wholesalers to remove non-compliant vapor products from their inventory within 21 days and retailers within 42 days of their removal from the directory. The bill grants the Attorney General, along with local law enforcement and the Oklahoma Alcoholic Beverage Laws (ABLE) Commission, the authority to confiscate and destroy any vapor products not listed. The costs associated with confiscation and destruction will be the responsibility of the retailer or wholesaler from whom the products are seized.

The bill has sparked notable debate among lawmakers and stakeholders. Proponents argue that it is essential for public health and safety, aiming to curb the sale of potentially harmful or unregulated vapor products. Critics, however, express concerns about the burden it places on small businesses and the potential for increased enforcement costs.

The economic implications of HB 3971 could be significant, particularly for retailers and wholesalers who may face penalties for non-compliance. A first violation incurs a civil penalty of up to $500, which could escalate with repeated offenses.

As the bill progresses through the legislative process, its impact on the vapor product market and public health initiatives in Oklahoma remains to be seen. Stakeholders are closely monitoring developments, as the outcome could set a precedent for similar regulations in other states.